Hart v. Robinett
Supreme Court of Missouri
APPEAL from the Boone county circuit court. Under the general assignment of error, I insist, in the first place, that the process is insufficient and ought not to be answered to; and if so found, judgment cannot be supported in this case, there being nothing to support it. In suits at law, or in chancery, if the defendant appear to a good declaration or bill, the defects in the ser« vice of the process is cured.
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APPEAL from the Boone county circuit court. Under the general assignment of error, I insist, in the first place, that the process is insufficient and ought not to be answered to; and if so found, judgment cannot be supported in this case, there being nothing to support it. In suits at law, or in chancery, if the defendant appear to a good declaration or bill, the defects in the ser« vice of the process is cured. Here the summons js the declaration or bili; in other words, the charge against the defendant, if insufficient, leaves nothing besides. The first objection to the process or summons…
1Opinion of the Court
Opinion of the court delivered by
Edwards, Judge.
This was a proceeding by Robinett against Hart, a constable, for not returning an execution as commanded. Robinett obtained judgment before a justice of the peace against Burch and Pendleton, and upon that judgment execution was issued, returnable within thirty days, and placed in the hands of Titus, deputy constable under Hart. The execution was not Teturned within thirty days, according to the command thereof; and upon the demand of Robinett, the justice issued a summons, directed to John Martin, requiring Hart to show cause why an execution…
2Cited by7 opinions
- State ex inf. Crow v. ShepherdSupreme Court of Missouri · 1903
- State ex rel. Curtis v. DureinSupreme Court of Kansas · 1891
- State v. JacksonMissouri Court of Appeals · 1973
- State v. JacksSupreme Court of Missouri · 1970
- Hensley v. BakerSupreme Court of Missouri · 1846
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